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In recent times due to holidays restrictions because of the pandemic situation many time share companies are holding consumers hostage to the contracts of in perpetuity and long durations as this is for many companies there only form of income in this present due to the lack of sales operations.
In order to release yourself from this contracts it must be shown and proven that these contracts are one sided in favor of the developer or sales company, not the consumer, in many cases this must be challenged through the Courts to release the burden of yourselves and in many cases your inheritors of your estate.
Usually a contract, when purchased by a consumer becomes apparent it does not comply with current regulations, it is usually an accumulation of breaches. Due to repeated non-compliance with certain aspects of the contract, it can be judicially invalidated. However, when it turns out that the omitted aspect of the contract constitutes an essential aspect of the contract, this isolated fact alone renders the contract null and void.
It is therefore advisable to consult a lawyer to check whether your contract is valid or whether it can be judicially challenged. We invite you to fill in our form and ask us if you have any doubts about what you have contracted.
The concept of the so-called timeshare has been reinvented over the years towards other types of figures or contractual modalities, the law has had to regulate the emergence of other tourist figures and extended to other types of tourist products that currently have a better fit among consumers. TENERIFE TIMESHARE SOLICITORS offers a protection service to the consumer in order to defend their interests in the whole range of products that have been invalidated by the Courts (timeshare, fractional weeks or points, flexible weeks, among others).
In the same vein, it is worth remembering the applicability - albeit subsidiary - of national consumer protection legislation, which must be borne in mind in cases of dispute resolution such as those we do at TENERIFE TIMESHARE SOLICITORS.
A member of the Tenerife Bar Association, he has extensive experience in criminal and immigration law. With regard to the latter, he has handled cases involving non-resident consumers, as well as dealing with foreign residents in the Islands in certain matters, such as civil banking and timeshare issues.
Col. 6.192 del ICATF - Tenerife
A member of the Barcelona Bar Association and has more than 10 years' experience in matters related to civil law, consumers and users.
Basically because of the logical consequence of the nullity of the contract, which entails the restitution of the price paid at the beginning of the contract in the proportional part, that is to say, discounting the years that have passed since the conclusion of the contract with a maximum of 50 years.
If you need to know what price you are entitled to recover for your timeshare contract, do not hesitate to call us or send us an email, filling in the form on this website.
Often times timeshare contracts, long term holiday products are contracts that are difficult for the consumer to understand, no matter how much the sales person explains it to you over and over again, you don't really know what a person is signing.
You should be aware that many consumers have signed timeshare contracts, for example, disguised as the purchase and sale of shares in a company located in Spain, and by virtue of owning that share, you were entitled to use a suite or apartament for a certain number of weeks per year.
To find out in more detail whether a contract is null and void or suffers from a breach, substantial or otherwise, please do not hesitate to contact us.
You should bear in mind that in the case of taking your case, the process is not quick. Unfortunately, Spanish justice is late, but effective. These types of matters usually take (depending on the Court) an average of 14 to 18 months, although this varies depending on the contract and the workload of the Courts.
Furthermore, from the moment you accept the terms and conditions of the professional offer made to you by this law firm, you should bear in mind that it is always necessary to grant a power of attorney in favour of the lawyers, either in Spain (Spanish Notary) or in a Notary near your home (private notary of your country, duly translated and with the Hague apostille) or in the consular office nearest to your home. In addition, it is advisable, for the sake of procedural strategy and firmness in our claims, to obtain sworn translations that are faithful to the original.
It should be borne in mind that the process is lengthy due also to issues of preparation of the lawsuit until a satisfactory result is achieved.
Anyone who buys a holiday product, for which he or she commits to making a considerable outlay, has doubts and usually turns to social networks, friends, consultants, paralegals or even to the various supranational regulations (European, in this case), specific national regulations and national legislation in defence of consumers and users.
Even after having consulted all these sources of information, you still have doubts. For this reason, we summarise some of the main doubts in case you need to enlighten yourself.
Absolutely not. Both the spirit of the Law and the most recent case-law have determined that at the time of purchasing a timeshare, the legal maximum allowed is 50 years.
It depends on the year in which you purchased the week, but in general terms, no. Usually the resorts, while maintaining the floating nature of the week, by their operating system usually grant a pre-fixed accommodation.
Usually the resorts, while maintaining the de facto floating nature of the week, by operating system usually grant a pre-fixed accommodation, but it is not usually exclusive.
Yes, it is advisable to continue paying the community fees. The behaviour of the claimant is taken into account at all times, especially in order to defend a good strategy in the legal proceedings and also because the contract remains in force until a court ruling declares otherwise.
You can do so without any problem. It is not necessary to go to the out-of-court injunction. However, depending on the type and content of the contract and the complex, it could be interesting to resort to a preliminary injunction, depending on the case.
No, it is not. The law requires that the consumer needs a cooling-off period to make the best possible decision. For this, the law provides for serious consequences for the resort or the resort.
Absolutely not. It must be analysed one by one, case by case. What is more, in some contracts, due to the date on which the contract was signed, however much non-compliance it may contain, as they were signed prior to the entry into force of the Law that protects such contracts, it is improbable that the claim will be successful.
This type of conduct is often disguised as a bonus week or a gift from the resort for which you pay a token amount, dressed up as a separate contract that has nothing to do with the main contract.
Usually this type of conduct on the part of the resort is to charge a price before the cooling off period established by law. This conduct is not correct and should be sanctioned. The place and date of conclusion of this contract, in relation to the main contract, should be analysed.
Yes, you can be sued. Even the notification for unpaid maintenance fees in the Complex where you have your week is usually valid. Depending on how the process of recovery of the debt in case of non-payment is foreseen in the Statutes of the Club or the Community Rules, they can occupy it or deny you access, depending on what the statutes of the Club state.
There are other ways, such as, for example, that the Complex can go to a foreign debt recovery firm to recover the debt directly in your country.
Products where destination flexibility is left to the discretion of the resorts are very common. The flexibility in destinations and the periodic payment of instalments must in any case respect that your chosen holiday destination is not frustrated, basically, because they must guarantee you exclusivity in the product, if it has been contracted in that sense.
Absolutely not. It must be taken into account that the waiver of a right must necessarily be accepted by the other party. The silence of the resort in the face of such a decision does not mean that it accepts a waiver, as it must be taken into account that the week is usually part of a Club or a Community, so that the waiver would imply a possible effect on the other holders of weeks (with regard to the maintenance fees), so that a waiver is not admissible when it is in condominium with other holders of weeks.
We invite you to fill in the form with your questions or send us a Whatsapp.